Lubbock DA issues legal warning about CBD oil

Updated: Mar. 27, 2019 at 6:14 PM CDT
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LUBBOCK, TX (KCBD) - Last week, the Seminole Police Department posted a statement on their Facebook page saying CBD oils are still illegal in the state of Texas. Because of their post, and the popularity of CBD oil shops on the South Plains, KCBD reached out to the Lubbock County District Attorney’s Office for some clarification.

The post from Seminole Police said due to the wording in the current state law, CBD oil with even a trace of THC can be filed as a felony Penalty 2 group substance and without THC can be filed as a misdemeanor.

The post goes on to say the 2018 Farm Bill does allow the cultivation of Hemp, but only certain CBD compounds have been approved to be used for “prescribed medical use.”

The post also says, “Most of the CBD compounds are still currently listed as a schedule one substance. So businesses in town might want to rethink advertising and selling the products. We are awaiting to see what the Texas 86th legislator is going to do, but as of now, the laws have not changed.”

According to the Lubbock County District Attorney’s Office, CBD oils on the market commonly contain THC (tetrahydrocannabinol). THC in any concentration is illegal under Texas law, pursuant to the Controlled Substances Act.

“This, however, is a quickly changing area of law,” said officials with the District Attorney’s Office. “A bill is currently pending in the Texas Legislature that, if passed and enacted, would legalize possession of CBD oil if the amount of THC in the oil was 0.3 percent or less, bringing Texas into compliance with the 2018 Federal Farm Bill.”

The bill currently pending in the Texas Legislature is House Bill 4276.

The D.A.'s office has yet to receive any CBD oil cases for prosecution, but “they will continue to assess the law and facts presented when deciding whether prosecuting a particular defendant for a particular crime is in the best interest of justice.”

Some people on the South Plains have turned to CBD oil in Lubbock to help with ADHD, depression, migraines, anxiety, stress and pain.

Jennifer Diaz is the owner of American Shaman of Lubbock and said CBD is compressed out of the cannabis plant and put into products such as gummies and oils to consume and spoke to KCBD in January about her shop.

Diaz said a lot of people assume CBD is the illegal marijuana plant. “That is not the case, we have no THC in our products. CBD is actually the healthy part to the plant. You can’t fail a drug test with our products.”

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